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Disability

The Equality Act 2010 sets out a definition of disability, which must be met for an individual to be protected from disability discrimination. Where an individual meets the definition of disability, the employer has a duty to make reasonable adjustments to enable him or her to overcome disadvantages in the workplace.

An employee will be disabled under the Equality Act 2010 if he or she has a physical or mental impairment that affects the ability to carry out normal day-to-day activities. The adverse effect on this ability must be substantial and long term.


    • Tribunal Watch
    • Reasonable adjustments
    • Bullying and harassment

    Disability discrimination: “pull yourself together” comment to employee with depression

    by Stephen Simpson 15 Apr 2016
    by Stephen Simpson 15 Apr 2016

    An employment tribunal has held that a director’s comment to an employee with depression that “everyone gets depressed sometimes, you...

    • Case law
    • Disability discrimination
    • Disability

    Discrimination arising from disability: five examples from case law

    by Eleanor Gelder 4 Apr 2016
    by Eleanor Gelder 4 Apr 2016

    "Discrimination arising from disability" is a relatively new concept introduced...

    • Case law
    • Disability discrimination
    • Disability

    Meaning of disability: lifting up to 25kg is “normal day-to-day activity”

    by Imogen Noons 26 Feb 2016
    by Imogen Noons 26 Feb 2016

    Lifting up to 25kg is a “normal day-to-day activity” when deciding whether or not someone is disabled under the Equality...

    • Absence
    • Tribunal Watch
    • Reasonable adjustments

    Expensive employment tribunal awards: six-figure sums in 2015

    by Stephen Simpson 6 Jan 2016
    by Stephen Simpson 6 Jan 2016

    While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...

    • Reasonable adjustments
    • Absence
    • Case law

    Court of Appeal: disregarding disabled employee’s absence trigger was not reasonable adjustment

    by Stephen Simpson 10 Dec 2015
    by Stephen Simpson 10 Dec 2015

    It was not a reasonable adjustment for an employer to disregard absence triggers...

    • Case law
    • Disability discrimination
    • Disability

    Discrimination arising from disability: EAT decision makes claims easier

    by Imogen Noons 10 Dec 2015
    by Imogen Noons 10 Dec 2015

    DLA Piper’s latest case report highlights the relatively low obstacle that claimants have to hurdle when bringing a claim for...

    • Collective redundancy
    • Tribunal Watch
    • Agency workers

    The 10 most important employment law cases in 2015

    by Stephen Simpson 7 Dec 2015
    by Stephen Simpson 7 Dec 2015

    What were the most significant employment case law decisions in 2015? We count down the 10 most important judgments for employers this year.

    • Equality, diversity and inclusion
    • Military
    • Disability

    Personnel Today Awards 2015: HMRC shines in Diversity and Inclusion

    by Clare Allerton 3 Dec 2015
    by Clare Allerton 3 Dec 2015

    HMRC impressed the judges and received the Award for Diversity and Inclusion at the Personnel Today Awards 2015. Here we...

    • Reasonable adjustments
    • Disability
    • HR Technology

    Hearing things: workplace adjustments for employees with a hearing impairment

    by Robin Christopherson 23 Nov 2015
    by Robin Christopherson 23 Nov 2015

    For employees with a hearing impairment, the presence of sound in the workplace can be a daily challenge and a...

    • Absence
    • Tribunal Watch
    • Disability discrimination

    £30,000 for DWP employee dismissed for disability absences

    by Stephen Simpson 9 Nov 2015
    by Stephen Simpson 9 Nov 2015

    An employment tribunal awarded more than £30,000 to a public-sector worker who was dismissed after disability absences meant she exceeded...

    • Tribunal Watch
    • Reasonable adjustments
    • Disability

    Disability discrimination: NHS worker with cancer awarded £115,000

    by Stephen Simpson 3 Nov 2015
    by Stephen Simpson 3 Nov 2015

    An employment tribunal has awarded £115,000 for disability discrimination to an NHS worker with cancer who was required to undergo...

    • Tribunal Watch
    • Reasonable adjustments
    • Disability

    Discrimination arising from disability: withdrawal of job offer over epilepsy

    by Stephen Simpson 29 Oct 2015
    by Stephen Simpson 29 Oct 2015

    An employer did not commit discrimination arising from disability against a job applicant whose job offer to work at a...

    • Reasonable adjustments
    • Disability discrimination
    • Disability

    Diabetes at work: How to avoid disability discrimination

    by Akshay Choudhry 5 Oct 2015
    by Akshay Choudhry 5 Oct 2015

    Diabetes will increasingly present a challenge at work as the number of people with the condition rises and more employees...

    • Austria
    • Disability discrimination
    • Bank holidays

    Eight important facts about employment law in Austria

    by Fiona Cuming 16 Sep 2015
    by Fiona Cuming 16 Sep 2015

    Austria offers its citizens some of the most generous holiday entitlements in the world, with some staff entitled to as...

    • Tribunal Watch
    • Reasonable adjustments
    • Disability

    Disability discrimination: NHS discriminated against worker with cancer

    by Stephen Simpson 1 Sep 2015
    by Stephen Simpson 1 Sep 2015

    An NHS trust discriminated against an employee with cancer who attended a competitive interview during a redeployment exercise, an employment...

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